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Access to Information and Privacy Unit

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Overview

For the purposes of the Privacy Act, the Minister of the Public Works and Government Services, Minister of Status of Women and minister responsible for Western Economic Diversification (WD) delegated her powers, authorities and responsibilities to the Executive Director, Finance and Corporate Management (Access to Information and Privacy Coordinator) and Manager, Corporate Administration (Deputy Access to Information and Privacy Coordinator). These individuals are accountable for the development, coordination and implementation of effective policies, guidelines, systems and procedures to ensure the Minister’s responsibilities under the Act are met and enabling the appropriate processing and proper disclosure of information. The Coordinator is also responsible for related policies, systems and procedures emanating from the Act.

One full-time Access to Information and Privacy (ATIP) Officer in the Corporate Administration unit assists the Coordinator and Deputy Coordinator with ATIP functions at WD.

Regional ATIP Liaison Officers (RALOs) are located in the British Columbia, Alberta, Saskatchewan and Manitoba offices, in the Policy and Strategic Direction sector office in Ottawa and within the Corporate Headquarters and Human Resources units. As the first point of contact, RALOs identify the appropriate subject experts, coordinate retrieval of records responding to access requests and provide liaison between the ATIP Unit and regional staff concerning enquiries.

The activities of WD’s ATIP Unit include:

  • processing requests in accordance with the Privacy Act;
  • responding to consultations submitted by other federal institutions on WD records being considered for release;
  • developing and maintaining privacy policies, procedures and guidelines to ensure the Act is respected by staff;
  • promoting awareness of the Act within the department to ensure staff is aware of the obligations imposed by the legislation;
  • preparing annual reports to Parliament and other statutory requirements, such as annual statistical reports and the department’s Info Source chapter, as well as any material that may be required by central agencies;
  • representing WD in dealings with the Treasury Board of Canada Secretariat (TBS), the Privacy Commissioner of Canada and other federal organisations regarding the application of the Act as it relates to WD;
  • monitoring compliance with the Act, its regulations as well as relevant procedures and policies;
  • providing ongoing advice and guidance to senior management and staff on information management and privacy legislation.

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Departmental Policies and Procedures

In accordance with the TBS Directive on Privacy Practices and Directive on Privacy Impact Assessment that came into effect on April 1, 2010, WD updated its Privacy Protection Policy in January 2011 to ensure requirements on a privacy protocol, privacy impact assessments (PIAs) and privacy breaches were incorporated into the Privacy Protection Policy Suite (see Appendix A).

The WD Directive on Privacy Breaches was approved in January 2011 and a comprehensive Privacy Impact Assessment Handbook, including a privacy protocol (see Appendix B), was pending final approval by March 31, 2011. Final approval of the guidance document was received in April 2011; however, in the event of a PIA requirement, the draft Handbook would have been used.

In addition, WD improved information about ATIP on its public web site, including specific information about how to make a request under the Privacy Act as well as a page where PIA summaries will be posted, as appropriate (see Appendix C).

Privacy Training and Awareness

The ATIP Coordinator, Deputy ATIP Coordinator and ATIP Officer provide ongoing advice on privacy issues to RALOs and staff regularly to increase awareness of the Act. They also provide guidance on how the department processes privacy requests, the rationale required to apply the exemptions and exclusions under the Act, where appropriate, and when to conduct a PIA.

The Coordinator, Deputy Coordinator and Officer provide ongoing advice on privacy issues to and staff regularly to increase awareness of the Act. They also provide guidance on how the department processes privacy requests, the rationale required to apply the exemptions and exclusions under the Act, where appropriate, and when to conduct a .

WD ATIP Staff Training:

The Deputy ATIP Coordinator and ATIP Officer attended the Access and Privacy Conference held in Edmonton in June 2010. The ATIP Officer also attended TBS ATIP Community Meetings in April, May, September and November 2010 and February 2011.

WD Staff Training:

  • In January 2010, an ATIP Meeting and Awareness Session with the RALOs was held in Edmonton (12 attendees). This two-day meeting was the first session held specifically for the RALOs. The focus of the meeting was primarily access to information; privacy was covered in broad strokes.
  • In September 2010, a Privacy Awareness session was conducted with the Infrastructure Programs staff of the Saskatchewan Region office via teleconference to discuss questions arising from “The ATIP Eye” message, “YOUR Personal Information,” concerning what personal information can be shared with co-workers (10 attendees).
  • As part of its access procedures, the ATIP Officer meets with the appropriate subject experts before retrieving records responding to personal information requests made pursuant to the Privacy Act. This has improved awareness and ensured understanding of requirements and timelines as well as clarifying the scope of requests to ensure that records and appropriate advice are received.

“The ATIP Eye” tips are sent to WD staff via email and posted on the department’s internal web site. The tips provide advice on frequently asked questions concerning privacy issues or areas where the department might improve on its obligations under the Act in 2010–11, nine tips and specific privacy messages were prepared, including collecting personal information, your personal information and the “need to know.” The tips are shared with ATIP officials in federal departments, including the regional development agencies in Quebec and Atlantic Canada, the Canadian Space Agency, National Research Council of Canada and other departments that are part of the Small Agency Administrators Network.

Privacy Awareness Events:

WD recognized Data Privacy Day on January 28, 2011, with staff messages and two posters placed throughout all offices (see Appendix D). The two eye-catching posters entitled “Phishing – Don’t Take the Bait!” and “Wi-Fi Predators” encouraged WD staff to aggressively guard their personal information against fraudsters and ensure they practice secure wireless protocols.

The department also maintains an “Access to Information and Privacy” presence on its internal web site that includes policies, procedures, contact information, past training and awareness presentations, relevant links to useful sites related to access and privacy as well as “The ATIP Eye” tips noted above.

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Info Source

WD made substantial changes to its 2010 Info Source chapter to include improvements that the Treasury Board Portfolio office identified as part of the Management Accountability Framework review of Area of Management No. 12 in 2009. TBS advised that the 2010 submission meet TBS requirements, needed minor corrections and provided general advice concerning the ongoing update and maintenance of the information contained in the chapter.

The department submitted two Personal Information Banks to TBS in 2010–11. One was withdrawn, while the second is still being reviewed. 

Access to Information Act and Privacy Act Delegation Order

Text version: Access to Information Act and Privacy Act Delegation Order

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Scanned image of Delegation Order for the Access to Information Act and Privacy Act.

Privacy Act Delegation of Authority Schedule

Sections of the Act Powers and Duties Position
8(2)(j) Disclosure for research purposes
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
8(2)(m)

Disclosure in the public interest or in the interest of the individual

  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
8 (4)

Copies of requests under 8(2)(e) to be retained

  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
8 (5) Notice of disclosure under 8(2)(m)
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
9(1)

Records of disclosures to be retained

  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
9(4) Consistent uses
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
10 Personal information to be included in personal information banks
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
14 Notice where access requested
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
15 Extension of time limits
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
17(2)(b)

Language of access

  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
17(3)(b) Access to personal information in alternative format
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
18(2) Exemption (exempt bank) – Disclosure may be refused
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
19(1) Exemption – Personal information obtained in confidence
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
19(2) Exemption -- Where authorized to disclose
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
20

Exemption – Federal-provincial affairs

  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
21

Exemption – International affairs and defence

  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
22 Exemption – Law enforcement and investigations
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
22.3 Exemption – Public Servants Disclosure Protection Act
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
23 Exemption – Security clearances
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
24

Exemption – Individuals sentenced for an offence

  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
25 Exemption – Safety of individuals
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
26 Exemption – Information about another individual
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
27 Exemption – Solicitor-client privilege
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
28

Exemption – Medical record

  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
33(2) Right to make representations
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
35(1) Findings and recommendations of Privacy Commissioner (complaints)
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
35(4) FindinAccess to be given
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
36(3) Report of findings and recommendations (exempt banks)
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
37(3) Report of findings and recommendations (compliance review)
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
51(2), (b) Special rules of hearings
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
51(3)

Ex Parte representations

  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
70

Denial of access – Cabinet confidences

  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
72(1) Report to Parliament
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration

 

77

Responsibilities conferred on the head of the institution by the Regulations made under section 77 which are not included above

  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration

 

Privacy Regulations Delegation of Authority Schedule

Sections of the Act Powers and Duties Position
9

Reasonable facilities and time provided to examine personal information

  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
11(2)

Notification that correction to personal information has been made

 

  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
11(4)

Notification that correction to personal information has been refused

  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
13(1) Disclosure of personal information relating to physical and mental health may be made to a qualified medical practitioner or psychologist for an opinion on whether to release information to the requestor
  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration
14

Disclosure of personal information relating to physical or mental health may be made to a requestor in the presence of a qualified medical practitioner or psychologist

  • Executive Director, Finance and Corporate Management
  • Manager, Corporate Administration

 

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2010–2011 Report on the Privacy Act (Statistical Report)

Name of institution: Western Economic Diversification Canada / Diversification de l'économie de l'Ouest Canada

Reporting period/Période visée par le rapport 2010/04/01
2011/03/31

I – Requests under the Privacy Act / Demandes en vertu de la Loi sur l'accès à l'information

Received during reporting period / Reçues pendant la période visée par le rapport 2
Outstanding from previous period / En suspens depuis la période antérieure 1
Total 3
Completed during reporting period / Traitées pendant la période visées par le rapport 3
Carried forward / Reportées 0

 

II – Disposition of request completed / Disposition à l'égard des demandes traitées

All disclosed / Communication totale 0
Disclosed in part / Communication partielle 2
Nothing disclosed (excluded) / Aucune communication (exclusion) 0
Nothing disclosed (exempt) / Aucune communication (exemption) 0
Unable to process / Traitement impossible 1
Abandonned by applicant / Abandon de la demande 0
Transferred / Transmission 0
Total 3

 

III – Exemptions invoked / Exceptions invoquées

Section Number of requests
S. Art. 18(2) 0
S. Art. 19(1)(a) 0
(b) 0
(c) 0
(d) 0
S. Art. 20 0
S. Art. 21 0
S. Art. 22(1)(a) 0
(b) 0
(c) 0
S. Art. 22(2) 0
S. Art. 23 (a) 0
S. Art. 24 0
S. Art. 25 1
S. Art. 26 0
S. Art. 27 1
S. Art. 28 0

 

IV – Exclusions cited / Exclusions citées

Section Number of requests
S. Art. 69(1)(a) 0
(b) 0
S. Art. 70(1)(a) 0
(b) 0
(c) 0
(d) 0
(e) 0
(f) 0

 

V – Completion time / Délai de traitement

30 days or under / 30 jours ou moins 3
31 to 60 days / De 31 à 60 jours 0
61 to 120 days / De 61 à 120 jours 0
121 days or over / 121 jours ou plus 0

 

VI – Extentions / Prorogations des délais

  30 days or under / 30 jours ou moins 31 days or over / 31 jours ou plus
Interference with operations / Interruption des opérations 0 0
Consultation 0 0
Translation / Traduction 0 0
Total 0 0

 

VII – Translations/ Traductions

Translations requested / Traductions demandées 0
Translations prepared / English to French / De l'anglais au français 0
Traductions préparées French to English / Du français à l'anglais 0

 

VIII - Method of access / Méthode de consultation

Copies given / Copies de l'original 2
Examination / Examen de l'original 0
Copies and examination / Copies et examen 0

 

IX – Corrections and notation / Corrections et mention

Corrections requested / Corrections demandées 0
Corrections made / Corrections effectuées 0
Notation attached / Mention annexée 0

 

X – Costs / Coûts

Financial (all reasons) / Financiers (raisons) Amount ($)
Salary / Traitement 22,218
Administration (O and M) / Administration (fonctionnement et maintien) 276
Total 22,494

Person year utilization (all reasons) / Années-personnes utilisées (raisons)
Person year (decimal format) / Années-personnes (nombre décimal) .31

 

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Additional Reporting Requirements – Privacy Act

TBS is monitoring compliance with the Privacy Impact Assessment (PIA) Policy (which came into effect on May 2, 2002) and the Directive on Privacy Impact Assessment (which took effect on April 1, 2010) through a variety of means. Institutions, therefore, must report the following information for this reporting period. Note that because some institutions are using the Core PIA as outlined in the Directive in advance of the implementation deadline, they will not have Preliminary PIAs to report.

Indicate the number of:

• Preliminary PIA initiated – 1
• Preliminary PIA completed – 0
PIA initiated – 1
PIA completed – 0
PIA forwarded to the Office of the Privacy Commissioner – 0

Note: State explicitly whether your institution did not undertake any of the activities noted above during the reporting period.

In addition, institutions must report on the following:

Part III – Exemptions invoked
Paragraph 19(1)(e) WD did not invoke any of these exemptions during the 2010–2011 reporting period.
Paragraph 19.1(f)
Subsection 22.1
Subsection 22.2
Subsection 22.3

Part IV – Exclusions cited
Subsection 69.1 WD did not invoke any of these exclusions during the 2010–2011 reporting period.
Subsection 70.1